Single Family Court and 26-week time limit come into being

The single Family Court for England and Wales and the 26-week time limit for the completion of care proceedings have come into force today (22 April) as part of what have been described as the largest family justice reforms for a generation.

The Ministry of Justice said the new Family Court – replacing the three separate tiers of courts – would have a network of single application points “making it easier for the public to navigate”.

It will also make sure the right level of judge is appointed for a particular case, in the most suitable location, the MoJ added - “all levels of judge being able to sit in the same building, which will help reduce the unnecessary delays caused by cases transferring between different courts.”

Judges will also be able to focus their time on more difficult cases, it claimed, with justices’ clerks and their assistants authorised to assist all judges across the Family Court.

The MoJ meanwhile suggested that the 26-week time limit would “further reduce the excessive delays in these cases and give greater certainty to the children involved”.

According to data released by the Government, the average time for disposal of a care or supervision order is now 33.4 weeks – down from 54.6 weeks when the Family Justice Review led by David Norgrove reported in November 2011.

Other changes highlighted by the Ministry include:

  • New child arrangements orders “that will encourage parents to focus on the child's needs rather than what they see as their own 'rights'”.
  • Expert evidence in family proceedings concerning children will only be permitted “when necessary to resolve the case justly, taking account of factors including the impact on the welfare of the child”.
  • Family mediation information meetings will be compulsory “so separating couples must consider alternatives to the harmful and stressful court battles when resolving financial matters and arrangements for child contact”.

The Family Justice Review was set up by the coalition government and led by David Norgrove. The key changes accepted by ministers have been implemented through the Crime and Courts Act 2013 and the Children and Families Act 2014.

Family Justice Minister Simon Hughes said: “For too long children have suffered from excessive delays and confrontational court battles. Our reforms will keep families away from negative effects of battles or delays in court and make sure that when cases do go to court they happen in the least damaging way.

“These reforms mark a significant moment for the family justice system, when the proposals made by the Family Justice Review are delivered. But this is not the end of the process I want to continue to work with David Norgrove, so we have a family justice system which has the welfare of children at its heart.”

Edward Timpson, Children and Families Minister, said: “The new 26-week time limit will reduce unnecessary delays by ensuring that judges focus on the facts without getting caught up in unnecessary evidence or bureaucracy. These reforms will mean a swifter system where children’s best interests are placed – where they rightly should be – at the heart of decision making.”

Sir James Munby, President of the Family Division said: “Today marks the largest reform of the family justice system any of us have seen or will see in our professional lifetimes.

“Taken as a whole, these reforms amount to a revolution. There has been, indeed there had to be, a fundamental change in the cultures of the family courts. This is truly a cultural revolution.”

Sir James said he had visited every care centre to see for himself how it was taking shape. “These visits have brought home to me just how enthusiastically and with such determination and commitment everybody in the family justice system has embraced the process of reform: local authorities, CAFCASS, court staff, judges (in whom, of course, I include the magistrates), justices clerks and the legal professions.”